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Who can chair a meeting

By Ina Pretorius on Wed, 16 May 2018 at 11:08

Good day. We had a general special meeting, but the treasurer and the secretary "took" the meeting without any reasons before the meeting started. The chairperson was present. What is the process around this. Thanks.

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RE: Who can chair a meeting

Murray Bennett replied on Wed, 16 May 2018 at 12:22

Sectional Titles Scheme Management Act - Regulations [See Library section on this page]
Annual and Special general meetings.

Chairperson
18. (1) The chairperson of the trustees must preside as chairperson at every general meeting of the body corporate, unless otherwise resolved by members at the meeting.
(2) If there is no chairperson or the chairperson of the trustees is not present within 15 minutes after the time appointed for the meeting, or is unwilling or unable to act as chairperson, the members present must elect a chairperson for such meeting.
(3) A chairperson must—
(a) maintain order, regulate the orderly expression of views and guide the members and other participants through the business of the meeting in
accordance with the common law of meetings;
(b) ensure that all motions and amendments proposed are within the scope of the notice and powers of the meeting;
(c) ensure that the scheme's rules, the minute books and any other documents relevant to the items of business on the agenda are available at the meeting;
(d) act fairly, impartially and courteously to all members and others entitled to attend the meeting;
(e) ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption;
(f) adjourn the meeting, when it is not able to complete or continue with its business;
(g) make decisions on points of procedure;
(h) settle disputes by giving rulings on points of order; and
(i) surrender the chair to a temporary chairperson elected by the members for any period during which the chairperson wishes to engage in the debate of any item of business.
(4) A chairperson at a general meeting must not—
(a) from the chair, attempt to influence members' views on any item of business;
or
(b) disclose in advance of a vote how the chairperson intends to vote on any item of business

RE: Who can chair a meeting

andrew church replied on Wed, 16 May 2018 at 12:31

(treasurer and the secretary "took" the meeting without any reasons before the meeting started)
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The correct procedure is for the special general meeting to be controlled by Prescribed Management Rules PMR18.(1) and PMR18.(2) (see two rules below)
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PMR18.(1) The chairperson of the trustees must preside as chair person at every general meeting of the body corporate,
PMR18.(2) If the chairperson is unwilling or unable to act as chairperson, the members present must elect a chairperson for the meeting

RE: Who can chair a meeting

andrew church replied on Wed, 16 May 2018 at 12:58

Investors attending S.G.Meetings often complain that Rules PMR18.(1) and PMR18.(2) are TAKEN AWAY from the members present at the meeting ? Many Members are confused when all of a sudden a person who is NOT a member of the body corporate gets up on the stage and grabs the microphone away from the chairman etc...? ( Keep in mind that the members present are allowed to first ELECT another MEMBER chairperson from the Body Corporate before NON MEMBERS grab the microphone on stage etc...)
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On another related matter Rule 48.(3) is also quite interesting and nobody seems to remember being given any Ombuds list ? The question here is. Has this also been TAKEN AWAY from Applicants in the Body Corporate ? (see rule below)
--------------
Referral to adjudicator page 38
Rule 48. (3) The Ombud must give the applicant and the affected parties an opportunity to choose an adjudicator from the Ombud’s list and, if a specific adjudicator is agreed upon by the parties to the dispute the Ombud must refer the application to the agreed adjudicator:

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